Refusal of tests; restricted license.
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HB 34 — Refusal of tests; restricted license.
Last action — Approved by Governor-Chapter 341 (effective 7/1/20)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 19, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Refusal of tests; restricted license. Allows a person convicted of a first offense of unreasonable refusal to have samples of his breath or blood taken for chemical tests to determine the alcohol content of his blood to petition the court 30 days after conviction for a restricted driver's license. The court may, for good cause shown, grant such restricted license for the same purposes as allowed for restricted licenses granted after conviction of driving under the influence if the person installs an ignition interlock system on each motor vehicle owned by or registered to the person and enters into and successfully completes an alcohol safety action program. The bill provides that such restricted license shall not permit any person to operate a commercial motor vehicle.
Bill Text
What changed in the latest version
55 added · 49 removedPlain-language change summary
The latest version of HB 34 has added references to several legislative sessions, while removing some detailed provisions related to driving privileges and penalties for alcohol-related offenses. These changes simplify the language and streamline the bill's structure by consolidating the legal references. This matters because it makes the bill more accessible and clearer for both lawmakers and the public, ensuring that individuals impacted by these laws can better understand their rights and responsibilities.
Code of Virginia Administrative Code Bills & Resolutions Summaries OTHER SESSIONS - - - - - - - - - - - - - - Session Session Special Session I Session Special Session I Session Special Session I Session Special Session I Special Session II Session Special Session I Session Special Session I Session Special Session I Special Session II Session Session Session Special Session I Session Special Session I Session Special Session I Session Special Session I Session Special Session I Session Session Special Session I Session Special Session I Special Session II Session Session Special Session I Session Session Special Session I Special Session II Session Session Session Special Session I Session Session Session Special Session I Session Session Session Session Special Session I Special Session II VIRGINIA LAW PORTALCode of VirginiaVirginia Administrative Code Constitution of VirginiaChartersAuthoritiesCompacts Uncodified ActsRIS Users (account required) SEARCHABLE DATABASESBills & Resolutionssession legislationBill Summariessession summaries Reports to the General AssemblyHouse and Senate documents Legislative LiaisonsState agency contactsACROSS SESSIONS Subject Index:
SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER 341 An Act to amend and reenact §§ 18.2-268.3 and 46.2-391.2 of the Code of Virginia, relating to refusal of tests;
[H 34] Approved March 12, 2020 Be it enacted by the General Assembly of Virginia:
A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed 10 percent, shall be forwarded monthly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of driver alcohol rehabilitation programs.
View plain text versions (4)
- Acts of Assembly Chapter text (CHAP0341) View text Current html March 12, 2020
- Bill text as passed House and Senate (HB34ER) View text html February 26, 2020
- Amended Engrossed by House as amended HB34E html February 05, 2020
- Amended Engrossed by House as amended HB34E html November 19, 2019
Action History
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Approved by Governor-Chapter 341 (effective 7/1/20)
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Governor's Action Deadline 11:59 p.m., March 12, 2020
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Enrolled Bill communicated to Governor on March 5, 2020
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Signed by President
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Signed by Speaker
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Impact statement from DPB (HB34ER)
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Enrolled
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VOTE: Adoption (56-Y 41-N)
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Senate amendments agreed to by House (56-Y 41-N)
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Placed on Calendar
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Passed Senate with amendments (27-Y 12-N)
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Engrossed by Senate as amended
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Committee amendments agreed to
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Reading of amendments waived
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Read third time
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Constitutional reading dispensed (38-Y 0-N)
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Reported from Judiciary with amendments (13-Y 2-N)
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Impact statement from DPB (HB34E)
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Referred to Committee on the Judiciary
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Constitutional reading dispensed
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VOTE: Passage (53-Y 46-N)
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Read third time and passed House (53-Y 46-N)
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Printed as engrossed 20100533D-E
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Engrossed by House as amended HB34E
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Committee amendments agreed to
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Read second time
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Read first time
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Reported from Courts of Justice with amendments (13-Y 6-N)
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Subcommittee recommends reporting with amendment (4-Y 3-N)
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Assigned Courts sub: Criminal
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/08/20 20100533D
Sponsors
- Joseph C. Lindsey · Primary
- Kaye Kory · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on · 57 voted No
Sponsors (1)
- Joseph C. Lindsey
Co-sponsors (1)
Not signed on (146)
146 members have not signed on to this bill.
Show all 146 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 55 | 41 | 0 | 3 |
| Total | 55 | 41 | 0 | 3 |
| % of votes cast | 56% | 41% | 0% | 3% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 12 | 0 | 1 |
| Total | 27 | 12 | 0 | 1 |
| % of votes cast | 68% | 30% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 2 | 0 | 0 |
| Total | 13 | 2 | 0 | 0 |
| % of votes cast | 87% | 13% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Chafin, A. Benton "Ben" | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 46 | 0 | 1 |
| Total | 52 | 46 | 0 | 1 |
| % of votes cast | 53% | 46% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 6 | 0 | 3 |
| Total | 13 | 6 | 0 | 3 |
| % of votes cast | 59% | 27% | 0% | 14% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Yea |
| Collins, Christopher E. | — | Nay |
| Adams, Les R. | — | Nay |
| Bell, Robert B. | — | Nay |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Not Voting |
| Campbell, Ronnie R. | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Not Voting |
| Karrie K. Delaney | — | Yea |
| Levine, Mark H. | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Nay |
| Mullin, Michael P. | — | Nay |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Not Voting |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 3 | 0 | 2 |
| Total | 4 | 3 | 0 | 2 |
| % of votes cast | 44% | 33% | 0% | 22% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Collins, Christopher E. | — | Nay |
| Adams, Les R. | — | Not Voting |
| Bell, Robert B. | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Charniele L. Herring | — | Not Voting |
| Don Scott | — | Yea |
| Karrie K. Delaney | — | Yea |
| Mullin, Michael P. | — | Nay |
| Vivian E. Watts | — | Yea |
Subjects
Frequently asked questions
- What does HB 34 do?
- Refusal of tests; restricted license. Allows a person convicted of a first offense of unreasonable refusal to have samples of his breath or blood taken for chemical tests to determine the alcohol content of his blood to petition the court 30 days after conviction for a restricted driver's license. The court may, for good cause shown, grant such restricted license for the same purposes as allowed for restricted licenses granted after conviction of driving under the influence if the person installs an ignition interlock system on each motor vehicle owned by or registered to the person and enters into and successfully completes an alcohol safety action program. The bill provides that such restricted license shall not permit any person to operate a commercial motor vehicle.
- Who sponsors HB 34?
- HB 34 is sponsored by Joseph C. Lindsey and Kory, Kaye.
- What is the current status of HB 34?
- This bill has been enacted into law. Introduced November 19, 2019. Enacted.
- Where can I track HB 34?
- Track HB 34 free on One Click Politics — get push/email alerts when it moves.
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